Also known as: dictum pages · dictum
Written by attorneys · grounded in primary & secondary sources — see below
A pinpoint citation directing the reader to the specific page on which a court has placed a nonessential observation.
Select any source to read its text and confirm it supports the definition.
Damian Decker drafted an offer letter to Dover Bank before any oral acceptance occurred. When the bank later denied the deal, Decker's lawyer filed suit and attached a brief that cited the dictum page of a Restatement illustration to show the pre-contract writing could still satisfy the statute. The court accepted the pinpoint reference and denied the bank's motion to dismiss.
Devon Drake challenged the city's taking of his waterfront parcel for a private redevelopment project. His reply brief cited the dictum page in Kelo to distinguish the majority's public-purpose language from the facts of his neighborhood plan. The district court noted the citation and ordered additional briefing on the scope of the holding.
Destiny Davis sued a newspaper for printing an editorial that questioned her official conduct. Defense counsel moved for summary judgment and pointed the court to the dictum page in New York Times v. Sullivan discussing the actual-malice standard's application to opinion statements. The judge granted the motion after reviewing the pinpointed language.
Dwight Dorsey sought an injunction to stop publication of classified documents by a national newspaper. The government's memorandum cited the dictum page in the Pentagon Papers case to argue that national-security concerns could override the usual presumption against prior restraints. The district court denied the injunction after distinguishing the cited language.
Doris Duffy petitioned for review of a nuclear-safety regulation issued by the NRC. Her opening brief cited the dictum page in Vermont Yankee to support the argument that courts should not impose additional procedural requirements beyond those in the APA. The court of appeals upheld the rule while acknowledging the cited observation.
Denise Donovan challenged contribution limits in a pending election case. Her supplemental brief cited the dictum page in McConnell to illustrate the distinction between express advocacy and issue speech under the First Amendment. The three-judge panel relied on the pinpoint reference when denying the preliminary injunction.
A dictum page pinpoints language that is not necessary to the court's decision, whereas a holding citation identifies the rule that directly resolves the dispute before the court.
A lawyer includes a dictum page when the nonessential language supplies persuasive reasoning or a useful distinction that supports the argument even though it is not binding precedent.
Yes. A dictum page meets the technical requirement of a pinpoint citation by directing the reader to the exact page containing the referenced statement.
…established as a common-law crime.[^maj-26] This is of some importance because while most American courts ruled, in holding or dictum, that abortion of an unquickened fetus was not criminal under their received common law,[^maj-27] others followed Coke in stating that abortion of a quick fetus was a "misprision," a term…